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HomeMy WebLinkAboutbocc.con.038.20192017-11-13 btf Contract Information Contract Number Project Name Contractor Budget Line Item 003.77.92751.86010 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department County Representative Drew Peterson County Representative Phone (970) 920-5395 Provide a brief description of the contract: Contract Value Summary: $ 345,655.00 $ - $ - $ 345,655.00 NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage Translator/Radio Removal of existing comms equipment and installation of new shelter, radio tower(s), and auxiliary equipment. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total Yes - 5% Pitkin County Jack Rabbit Communications Site Advanced Tower Services, Inc. $ - Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ - Formal Construction 4/3/2019 8/31/2019 New Contract .038.2019 Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement Bid # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 NOTICE OF AWARD Date: March 21, 2019 To: Advanced Tower Services, Inc. Cliff Barbieri, President 2417 Baylor Road SE Albuquerque, NM 87106 RE: Pitkin County Jack Rabbit Communications Site The County, having duly considered the Proposal submitted on March 8, 2019 for the work or purchase covered by the Contract Document titled Pitkin County Jack Rabbit Communications Site in the amount of Three-Hundred Forty-Five Thousand Six- Hundred Fifty-Five dollars and Zero cents ($345,655.00), and it appearing that the Price and other information in your Proposal Form is fair, equitable and to the best interest of the County, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement in one original of contract within ten (10) consecutive days from this Notice of Award. In addition, you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Procurement via email at procurement@pitkincounty.com. PITKIN COUNTY ________________________________________________ !#COUNTY REPRESENTATIVE#! Date ======================ACCEPTANCE OF NOTICE=================== Receipt of the above Notice of Award is hereby acknowledged ________________________________________________ !#VENDOR SIGNATURE#! Date Chris Davis Apr-03-2019 Procurement Manager Cliff Barbieri Apr-12-2019 President Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 1 PITKIN COUNTY CONSTRUCTION CONTRACT THIS CONTRACT, made April 3, 2019 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Advanced Tower Services, Inc., 2417 Baylor Road SE, Albuquerque, NM 87106 (hereinafter called the “Contractor”) to perform the following work: Pitkin County Jack Rabbit Communications Site (“Project”). I. Term of Contract: The term of this Contract is from April 3, 2019 to August 31, 2019. II. Scope of Work and Work Schedule: A. Scope of Work: Contractor shall furnish all materials, equipment, labor, and management to successfully remove existing communications equipment and erect a new tower and shelter facility at the Jack Rabbit communications site as detailed in the attached documents. B. All work performed under this Contract shall be done according to the following work schedule: Work shall be performed in accordance with any and all Local, State, and/or Federal ordinances, regulations, and laws. Construction and site access shall be coordinated with the Project Lead. All construction and final closeout shall be completed by no later than July 31, 2019 unless a new completion date is expressly and mutually agreed upon in an executed change order. III. Payment: The County agrees to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the total price of Three-Hundred Forty-Five Thousand Six-Hundred Fifty-Five dollars and Zero cents ($345,655.00) in accordance with this Contract, subject to increase or decrease in accordance with the provisions of this Contract; but any payment by the County may be offset by any amount the Contractor owes the County for any reason. A. Payment Procedures 1) Contractor shall submit applications for payment monthly for work done to date. 2) Progress payments for Contracts exceeding one hundred fifty thousand dollars ($150,000.00) Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 2 a. County shall make progress payments, within thirty (30) days of County’s approval of Contractor’s pay request. b. In accordance to amend Section 2 Colorado Revised Statutes (C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty thousand dollars ($150,000.00) and if the Contractor is satisfactorily performing this Contract, progress payments shall be in an amount equal to ninety-five percent (95%) of the calculated value of completed Project work. If, in the opinion of the Project Lead and County, satisfactory progress is not being made on the Project, or if claims are filed under Section C.R.S. § 38-26-107, as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any Project Lead’s and attorney’s fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract. Progress payments shall not constitute final acceptance of the Project. 3) County shall make final payment, including release of retainage, to Contractor in accordance with this Contract and Section C.R.S. § 38-26- 107, as amended. IV. Contractor Obligations: A. Supervision and Superintendence 1) The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Project compiles accurately with this Contract. 2) The Contractor shall appoint and identify to the County and Project Lead, a competent on-site superintendent to be kept on the Project at all times during its progress and who shall not be replaced without written notice to the County and the Project Lead except under extraordinary circumstances. The superintendent will be the Contractor’s representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. B. Subcontractors, Suppliers and Others 1) The Contractor shall not employ any subcontractor, supplier or other person or organization (including those acceptable to the County and Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 3 the Project Lead, whether initially or as a substitute) against whom the County or the Project Lead may have reasonable objection. 2) The identity of subcontractors, suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment must be submitted to the County in advance of any work performed or materials supplied under this Contract for acceptance by the County and the Project Lead. No acceptance by the County or the Project Lead of any such subcontractor, supplier or other person or organization shall constitute a waiver of any right of the County or the Project Lead to reject defective Project work. 3) The Contractor shall be fully responsible to the County and the Project Lead for all acts and omissions of the subcontractors, suppliers and other persons and organizations performing or furnishing any of the Project work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in this Contract shall create any Contractual relationship between the County or the Project Lead and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County or the Project Lead to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 4) All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate contract between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of this Contract for the benefit of the County and the Project Lead. C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and assume all costs incident to their use in the performance of the Project or the incorporation in the Project of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the County and the Project Lead and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incidental to the use in the performance of the Project or resulting from the product or device not specified in this Contract, and shall defend all such claims in connection with any alleged infringement of such rights. D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Project. The Contractor shall pay all charges of utilities for Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 4 connections to the Project, and the County shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. E. Laws and Regulations. The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and performance of the Project including rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable laws and regulations, neither the County nor the Project Lead shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. F. Taxes. The Contractor shall pay all existing and future applicable federal, state and local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the County. The Contract price shall include all other federal, state, and/or local direct or indirect taxes, which do apply. The Contract price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the County (except as provided in this Contract). The Contractor shall not be reimbursed separately for any taxes, which may apply except as provided in this Contract, and the Contractor shall be responsible for all taxes, which may apply. The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. G. Use of Premises. 1) The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract, law, ordinances, and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the Project Lead by any such owner or occupant because of the performance of the Project, Contractor shall promptly settle with such other party. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the County harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the County or the Project Lead to the extent based on a claim arising out of the Contractor's performance of the Project. 2) During the progress of the Project, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Project. At the completion of the Project, the Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 5 Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, temporary structures, stumps or portions of trees, and surplus materials, and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by this Contract. 3) The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection. 1) The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: a. All employees in the Project area and other persons and organizations who may be affected thereby; b. All the Project materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 2) The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the course of the Contract and not only to normal Project work hours. 3) The Contractor shall at all times conduct the Project in such manner as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public, nor any utility system put out of service except after permission, has been granted by the Project Lead. Each item of the Project shall be prosecuted to completion without delay and in no instance will the Contractor be permitted to transfer its forces from an uncompleted Project to a new Project without prior written notification of the Contractor to the Project Lead. a. Unless this Contract specifically provides for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings, or intersections with roads and Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 6 highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Project to be done under this Contract, and of constructing and maintaining such approaches, crossing, intersections and any necessary features without direct compensation, except as otherwise provided. b. The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights to protect the Project and the safety of the public. The Contractor’s responsibility for necessary barricades, signs, and lights shall not cease until the Project has been accepted. I. Shop Drawings and Samples. 1) After checking and verifying all field measurements and after complying with applicable procedures specified in this Contract, the Contractor shall submit to the Project Lead for review and approval in accordance with the approved schedule of shop drawing submissions, three (3) copies (unless otherwise specified) of all shop drawings, which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission. All submissions will be identified as the Project Lead may require. The data shown on the shop drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Project Lead to review the information as required. 2) The Contractor shall also submit to the Project Lead for review and approval with such promptness as to cause no delay in Project, all samples required by this Contract. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission and will be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which intended. 3) Before submission of each shop drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto; and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the Project and this Contract. 4) At the time of each submission, the Contractor shall give the Project Lead specific written notice of each variation that the shop drawings or samples may have from the requirements of this Contract, and, in addition, shall cause a specific notation to be made on each shop drawing submitted to the Project Lead for review and approval of each such variation. Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 7 5) Where a shop drawing or sample is required by the specifications, no related Project work shall be commenced prior to the Project Lead’s review and approval of the shop drawing or samples. 6) The cost of furnishing all shop drawings and samples shall be borne by Contractor. V. Performance and Payment Bond. A. Contractor shall furnish a performance and payment bond in the amount of one half of the total Contract value for all Contracts over fifty thousand dollars ($50,000.00), as required by C.R.S. § 38-26-105, et seq. all Bonds shall be in the form acceptable to the County. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph A of this Section, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to the County. VI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 8 arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 9 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include:  Premises and Operations  Explosions, Collapse and Underground Hazards  Personal / Advertising Injury  Products / Completed Operations  Liability assumed under an Insured Contract (including defense costs assumed under contract)  Independent Contractors  Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent)  Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent)  Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent)  The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Contractors Pollution Liability: The County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor’s scope of services. Policy shall cover the Contractor’s completed operations. Contractors Pollution Liability coverage (including Completed Operations) must be kept in effect for up to three (3) years after completion of the project. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 10 on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the polic y precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this Contract is completed. a. The policy shall be endorsed to include the following as Additional Insureds: “Pitkin County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 5) Professional Liability: The Contractor shall maintain Professional Liability covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect during the project and for up to three (3) years after completion of the project. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. b. Policy is to be on a primary basis; if other professional coverage is carried. Per Loss $ 1,000,000 Aggregate $ 2,000,000 6) Builders Risk Insurance or Installation Floater – Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 11 including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County’s has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub-tier contractors in the Project. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false-work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect’s fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. e. The Builders’ Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder’s Risk Policy. The Builder’s Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machiner y) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. 7) Special Coverages (check as appropriate and insert amount): a. ☒ Performance Bond $ 172,827.50 i. ☐ Labor and Material $ ii. ☐ Payment Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 12 d. ☐ Owner’s Protective e. ☐ Boiler and Machinery f. ☐ Loss of Use Insurance g. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non -payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to Pitkin County Procurement 530 E Main Street, Suite #304, Aspen, CO 81611. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The Contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the Procurement Department at procurement@pitkincounty.com, at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. VIII. Exemptions and Preferences. Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 13 A. All purchases of construction or building or any other materials for any contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the Project to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. § 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the Project is performed. IX. Protection and Restoration of Property and Landscape; Hazardous Materials. A. Protection and Restoration of Property and Landscape. 1) The Contractor shall be responsible for the preservation of all public and private property and shall carefully protect from disturbance or damage all land and property, as well as any monuments and property marks until the Project Lead has witnessed or otherwise referenced their location and shall not remove them until directed. 2) The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Project, resulting from any act, omission, neglect, or misconduct in its manner or method of executing the Project, or at any time due to defective Project work or materials, and said responsibility shall not be released until the project shall have been completed and accepted. 3) When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the Project, or in consequence of the non-execution thereof by the Contractor, it shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner. 4) Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shall be allowed only in those areas designated by the Project Lead. 5) If the Contractor disturbs any of the landscape not called for removal, it shall restore those areas as directed by the Project Lead at the Contractor's expense. B. Hazardous Materials 1) The County shall not be responsible for the cost of and the removal or cleanup of Hazardous Materials found in any materials brought to the Project site, after the Project site is turned over to the Contractor. Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 14 2) The Contractor shall provide the Project Lead with a written certification each time materials or equipment is brought onto the Project site that such materials or equipment do not contain Hazardous Materials. X. County Work at the Project Site. A. The County may perform other work related to the Project at the site by the County’s own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain terms similar to these. The Contractor shall perform and coordinate its activities with other contractors to avoid conflict and minimize disruptions. B. The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the County if the County is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with theirs. The Contractor shall do all cutting, fitting and patching of the Project that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Project Lead and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent t hat there are comparable provisions for the benefit of the Contractor in said direct contracts between the County and such utility owners and other contractors. C. If any part of the Contractor's Project depends for proper execution or results upon the work of any such other contractor or utility owner (or the County), the Contractor shall inspect and promptly report to the Project Lead in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Project except for latent or non-apparent defects and deficiencies in the other work. XI. Changes in the Project and Use of Change Orders. A. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. 1) The Project Lead shall issue a notice informing the Contractor of a planned change in the Project and requesting the Contractor's detailed price proposal and adjusted schedule of work. The Contractor shall submit a priced proposal for performing the proposed change in the Project within five (5) days of notice or such other time acceptable to both parties. When the Contractor and the County reach agreement on the adjustments to the Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 15 Contract price and/or Contract time, and changes in the Project, such adjustments shall be promptly recorded in an executed Change Order. B. All Contractor initiated change requests shall be submitted to the County and the Project Lead in a letter or written notice with the reference notation “Contractor Change Request”. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Project Lead or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Project; or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Project Lead prompt written notice of such matters. 1) All Contractor change requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time, price or other modification. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor change request and, provide an estimate of the adjustment in the Contract Price and/or Contract Time, which it believes is appropriate. 2) Contractor Time Requirements a. With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in this Contract, a Contractor change request shall be submitted before the Contractor acts on them, but in no event more than ten (10) consecutive calendar days after they were received or discovered. b. With respect to any differing site conditions, a Contractor change request shall be submitted before the conditions are disturbed, but in no event more than ten (10) consecutive calendar days after the conditions are first discovered. c. With respect to delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than ten (10) consecutive calendar days therefrom. d. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than ten (10) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 3) Submittal Requirements and Waiver of Claims a. If the Contractor does not submit a Contractor change request within the time required above, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 16 conditions, will not be considered by the County as a change to the Project and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. b. The Contractor shall, at the time a Contractor change request is submitted provide the Project Lead with a complete and itemized proposal of Contract price and time adjustments. The proposal shall also contain a detailed explanation, citing all applicable provisions in this Contract, which supports the Contractor change request. If the Contractor does not submit its itemized proposal within the time described above or within such extension, which the Project Lead, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract price or Contract time arising out of the act or event described in the Contract change request. c. If a Contractor change request is denied by the Project Lead, in whole or in part, any claim for an increase in the Contract price or Contract time arising out of the act or event described in the Contractor change request is waived unless the Contractor timely complied with the provisions of paragraphs 2(a-d) of this Section. XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Project Work A. Warranty. 1) The Contractor warrants and guarantees to the County that all Project work, whether supplied, furnished, installed, provided, or performed by Contractor, a subcontractor, or supplier, will be in accordance with this Contract and will not be defective and that all Project work shall be performed in a skillful and workmanlike manner. Additionally, the Contractor shall warrant that all equipment which is incorporated into the Project or any subsystem shall be new, free from liens and defects in design, have clear title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of this Contract, to the drawings issued for manufacture by the Contractor, and shall be in conformance with the those technical specifications provided in Section II (Scope of Work) of this Contract and Contractor's Proposal. Except where longer periods of warranty are indicated for certain items, Contractor warrants Project work, whether furnished, installed, provided, performed or supplied by Contractor, a subcontractor or supplier, to be free from faulty materials and workmanship and that each piece of equipment or any part thereof incorporated into the Project or any subsystem shall conform to the aforementioned warranty and guarantee provisions and be free from failure for a period of not less than Two (2) Years from date of Final Payment. Landscaping replacement shall be warranted for two (2) growing seasons. Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 17 2) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract, the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County requirements as set forth in this Section or elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties to be executed, in writing, for the benefit of the County, if directed by the Project Lead; or c. Enforce all warranties for the benefit of the County, if directed by the Project Lead. d. Assign all warranties and guarantees in writing to the County upon the request of the County. B. Access to Project. The Project Lead and the Project Lead’s representatives, other representatives of the County, testing agencies and governmental agencies with jurisdictional interests shall have access to the Project, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. C. Tests and Inspections. 1) The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the work performed by the Contractor or its subcontractor. 2) If any laws, ordinances, rules, regulations, code or order of any public body having jurisdiction requires any Project work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Project Lead the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County’s or the Project Lead’s acceptance of a supplier of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Project. The cost of all inspections, testing, re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 3) All inspections, tests or approvals other than those required by laws, ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the Project Lead. 4) If any Project work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 18 Project Lead, it must be uncovered for observation. Such uncovering and testing when required by the Project Lead shall be at the Contractor's expense. 5) Neither observations by the Project Lead nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract. D. Correction or Removal of Defective Work. If required by the Project Lead or the County, the Contractor shall promptly, as directed, either correct all defective Project work, whether or not fabricated, installed or completed, or, if the Project work has been rejected by the Project Lead or the County, remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. E. Correction Period. If within two (2) years after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written instructions, either correct such defective Project work, or, if it has been rejected by County, remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work, other property, or person, which occurred as a result of the defective Project work. F. County May Correct Defective Work. If the Contractor fails within ten (10) consecutive calendar days after written notice of the Project Lead or the County to proceed to correct and to correct defective Project work or to remove and replace rejected Project work as required by the Project Lead or the County in accordance with paragraph D of this Section, or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents, the County may, after seven (7) days' written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site, take possession of all or part of the Project, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow the County, the County's representatives, agents and employees such access to the site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 19 consequential costs of the County in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the County incorporating the necessary revisions in the Contract price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Project work. The Contractor shall not be allowed an extension of the Contract time because of any delay in performance of the Project work attributable to the exercise by the County of the County's rights and remedies hereunder. XIII. Liquidated Damages. It is the County’s intent to complete this project no later than August 31, 2019. Liquidated damages of Five Hundred dollars and Zero cents ($500.00) per calendar day shall be paid if project is not completed by that deadline. A. Time for Completion. It is hereby understood and mutually agreed, by and between the Contractor and the County, that the date of beginning Project work and the time of completion as specified herein are essential conditions of the Contract. The Contractor agrees that said Project shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time(s) for completion of the Project described herein are reasonable time(s) for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality of the Project. B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in completing the Project, and that the Project Work Schedule and all dates set forth therein and where in this Contract, an additional time is allowed for the completion of the Project, the new time limit fixed by such extension shall be of the essence of the Contract. C. Liquidated Damages. Completion of the Project is of paramount importance to the County. If any portion of the Project is not completed in accordance with any time extensions granted by the County, the County will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in the Contract. This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete said Project as agreed in the Proposal and this Contract nor is it intended, but as Liquidated Damages to compensate the County for all costs incurred as a result of such breach of Contract. D. Delays in Project Completion of Construction Phase. Subject to the terms of "Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to pay the County as a reasonable estimate of just compensation for damages contemplated with the clause, the amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in the construction of the Project. E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 20 Contract then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under Contract. XIV. Termination of Contract A. The County may terminate this Contract upon the occurrence of any one or more of the following events: 1) If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 2) If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 3) If the Contractor makes a general assignment for the benefit of creditors; 4) If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5) If the Contractor persistently fails to perform the Project in accordance with this Contract including but not limited to, failure to supply sufficient Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 21 skilled workers or suitable materials or equipment or failure to adhere to the work schedule established in this Contract; 6) If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction. B. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory Project work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. XV. Independent Contract Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to an y Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. F. The Contractor shall be required to complete and submit to the County, a Form W-9 Taxpayer Identification Number Request. XVI. Computation of Time. A. When any period of time is referred to in this Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. B. All times stated in this Contract are of the essence. XVII. Records and Cost Pricing Data. Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 22 A. The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Project Lead for reference. Upon completion of the Project, these record documents and samples will be delivered to the Project Lead for the County. B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three (3) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract. The County shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract permit the authorized representatives of the County to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under this Contract for the same time period. C. If this Contract is completely or partially terminated, the records relating to the Project terminated shall be made available for three (3) years after any resulting final termination payment. D. Records pertaining to appeals or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. XVIII. Miscellaneous. A. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. B. Severability. If any term, section, or other provision of this Contract shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of this Contract, and to this end, each term, section and provision of this Contract shall be severable. C. Integration and Modification. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written Contract signed by both the County and the Contractor. D. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. E. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. F. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 23 Act, C.R.S., § 24-10-101, et seq., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. G. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. H. Notice. Any notice required or permitted under this Contract shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Drew Peterson 351 Southside Drive Basalt, CO 81621 Email: Drew.Peterson@PitkinCounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Advanced Tower Services, Inc. 2417 Baylor Road SE Albuquerque, NM 87106 Phone: (505) 244-3321 Email: cliffb@advtwoway.com I. Waiver. No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractor’s Representations. A. In order to induce County to enter into this Contract, Contractor mak es the following representations: Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 24 1) Contractor has familiarized himself with the nature and extent of this Contract, Project, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of Project. 2) Contractor has carefully studied the site and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. 3) Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price, within the Contract time, and in accordance with the other terms and conditions of this Contract; and no additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes. 4) Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of this Contract. 5) Contractor has given Project Lead written notice of all conflicts, errors, or discrepancies that it has discovered in this Contract, and the written resolution thereof by Project Lead is acceptable to Contractor. 6) By executing this Contract, the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the Project work is to be performed (including weather conditions which can be expected), and correlated its observations with the requirements of this Contract. 7) The undersigned representative of Contractor represents that it is an authorized representative of Contractor for the purposes of executing this Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor. XX. Counterparts. This Contract may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. XXI. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S. §§ 24-76.5-101, et seq., as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program established under Pub. L. 104-208 or the State verification program established Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 25 pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Contract # 038.2019 Rev. 2018-10-10 btf Budget Line Item # 003.77.92751.86010 26 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. ADVANCED TOWER SERVICES, Inc. ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date SECTION APPROVAL: ________________________________________________ !#SECTION LEADER#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Telecommunications Project Engineer Apr-12-2019 Drew Petersen Assistant County Manager Phylis Mattice Apr-12-2019 Cliff Barbieri President Apr-12-2019 County Manager Jon Peacock Apr-15-2019 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! RFP 038.2019 Pitkin County Jack Rabbit Due March 8, 2019 2pm Submitted by: Cliff Barbieri, President Advanced Tower Services, Inc 2417 Baylor Rd SE Albuquerque, NM 87106 505-244-3321 (o) 505-235-3793 (m) 505-244-3675 (f) www.advtower.com TABLE OF CONTENTS 1. SIGNED PROPOSAL F ORM 2. COVER LETTER 3. QUALIFICATIONS OF THE FIRMS 1. FIRMS A. ADVANCED TOWER SERVICES, INC. – PRIME CONTRACTOR B. BROKEN ARROW ELECTRIC – ELECTRICAL CONTRACTO R C. SABRE TOWERS AND POLES – TOWER DESIGN AND MANUFACTURER D. THERMOBOND– SHELTER DESIGN AND M ANUFACTURER E. CNJ O ILFIELD – SHELTER DELIVERY 2. CURRENT WORKLOAD 4. PROJECT EXPERIENCE 1. PITKIN COUNTY WILLIAMS, TOSV, AND LOGE 2. BUREAU OF LAND MANAG EMENT, FIVE SITE UPGRADE IN NORTHERN CA 4. STATE OF COLORADO, WALTON MOUNTAIN DESIGN/BUILD COMMUNICATIONS SHELTER 5. PROJECT TEAM 1. CLIFF B ARBIERI – LEAD PROJECT MANAGER 2. TERRY TIPTON – LEAD CONSTRUCTION SUPERINTENDENT 3. JOEL KOGAN – ONSITE SUPERINTENDEN T 6. APPROACH T O PLAN A. DESCRIPTION OF WORK PROGRAM B. OUTLINE OF PROPOSED W ORK PLAN C. RECOMMENDED REVISION S D. DESCRIPTION OF HOW C OUNTY CAN UTILIZE AS SETS, RESOURCES, FUNDS 7. PROJECT SCHEDULE 8. COSTS 9. PROFESSIONAL REFEREN CES 10. INSURANCE 11. CONSTRUCTION CONTRACT 12. CONFORMANCE WITH SPE CIFICATION ATTACHMENT A – CONFORMANCE WITH SPEC IFICATION EXHIBIT A– CERTIFICATE OF LIABILITY EXHIBIT B – BID B OND EXHIBIT C – P ROPOSED TIMELINE EXHIBIT D – THERMOBOND SHELTER SPECIFICATIONS (WITH GENERATOR ) Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site 1. SIGNED PROPOSAL FORM THIS PAGE LEFT INTENTIONALLY BLANK – PLEASE SEE ATTACHED DOCUMENT See Section 8 of this proposal for detailed cost break down including bid alternates. Pricing on this sheet does not reflect bid alternates Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site 2. COVER LETTER March 8, 2019 Pitkin County Chris Davis Procurement Officer 530 E Main St #304 Aspen, CO 81611 Dear Mr. Davis and Pitkin County Selection Committee, Advanced Tower Services, Inc., thanks you for the opportunity to provide a proposal for Contract# 038.2019 Jack Rabbit Communications Site. For this particular project, Advanced Tower Services (ATS) will work as the prime contractor. We have an extensive background in tower and tower site conceptualization, construction, and demolition. We are a full-service communications sites construction firm specializing in site layout and initial design, two-way communications optimization, construction, and demolition. We are regarded throughout the Southwest region for our timely, cost effective, professional, and knowledgeable staff and we are well- versed in building and tower design, procurement, delivery, demolition of existing towers, demolition of existing shelters, and construction of new towers including foundations and shelter structures. We have experience in building public safety communications sites from the ground up including many high profile government entities such as the FAA, DHS, BIA, CBP, plus many county, city, and state governments. We have worked for Pitkin County on previous projects which are detailed in our Qualifications. Cliff Barbieri will be the main point of contact for this project; he has worked in this industry since 1986 and in 1994 Cliff started his own communications company, Advanced Communications and Electronics, Inc. In 2001, the tower division was separated and Advanced Tower Services was inco rporated as its own entity. Cliff makes himself available to every project, customer, employee, and colleague to ensure quality, schedule, and project allocations are met. Thank you for the opportunity to respond; and, please don’t hesitate to contact us , should any questions arise. Respectfully, Cliff Barbieri - President cliffb@advtwoway.com Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site 3. QUALIFICATIONS OF THE FIRMS Advanced Tower Services, Inc – Prime Contractor ATS assumes responsibility as the prime proposer for this project and will be responsible for all coordination of vendors, subcontractors, third-party testing firms, and materials. ATS will be responsible for submitting all designs and product submittals to Pitkin County for approval prior to commencement of the work. Cliff Barbieri will be the lead project manager and will be responsible for driving the project forward by using his support staff to schedule each task, engage subcontractors, locate and hire local suppliers, and keep Pitkin County updated on all phases of the project. Broken Arrow Electric – Electrical Contractor Broken Arrow Electric will work as a subcontractor under ATS; we have used Broken Arrow for as long as we have been in business because of their attention to detail, quality work, fair pricing, and excellent business ethics. Broken Arrow has worked on most of our projects including projects in Colorado, Washington, Texas and New Mexico. The project manager for Broken Arrow will be Steve Kelly, owner and operator. Steve has under his employment a small group of journeymen electricians of which he will assign a specific crew to perform the work onsite. Steve’s employees have worked for him and on our sites for several years and Steve always send his top notch experts to our sites. This is one of the reasons we choose to use Broken Arrow. Sabre Towers and Poles – Tower Design and Manufacturer Sabre Towers and Poles will work as a supplier to ATS for the tower. They will be responsible for providing the tower design and foundation design se rvices. Sabre is our preferred vendor for communications towers because they produce a high quality product, their engineers are well-versed in Colorado codes and regulations, and they manufacture our towers according to schedule. We work with one sales person, Rolli Sexton, and one contract manager, Leroy Le Bock who are instrumental in ensuring our customers get exactly what they asked for. Thermobond – Shelter Design and Manufacturer ATS has worked on numerous projects with Thermobond. For this particular project, ATS has selected Thermobond to build the shelter which will include electrical wiring and the generator as per the specs of this RFP. Thermobond specializes in lightweight , precast concrete, and metal buildings and outdoor cabinets. Thermobond was the vendor responsible for designing the shelter for Pitkin County’s “William’s Communications Site” which was completed in 2017 and Pitkin County’s Sunlight Mountain Communications site. Please see more about the Williams project under “Project Experience” CNJ Oilfield Services CNJ Oil Services will be transporting the shelter to the site, they will receive the shelter in Snowmass Village and will haul the shelter on their equipment to the top of the hill where the crane will be waiting to set the shelter onto its foundation. Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site Summary We have chosen the aforementioned companies based on our experience working with them on other projects, their professionalism, and the value of their end product. We follow a strict subcontractor selection process and these companies exceed our standards. We use the flowing checklist when hiring subcontractors: o Contractor’s license is current and valid in the jurisdiction we are working o Insurance credentials are provided and are as required by the end user o Experience with the subcontractor on comparable projects o Verification of references with an emphasis on those for a similar scope of work, such as tower site construction and demolition o Agreement and adherence to work within the general guidelines of our safety plan o Ability to work within the project schedule o Cost of the proposed subcontracted work o Safety Record To manage subcontractors effectively on complex multi-phased projects we use the following systems and processes: o Subcontract agreements to establish contract terms and performance timelines o Daily written reports from each contractor to include progress photos o Weekly payroll reports for all certified payroll projects o Prompt subcontractor progress payments o Site spot checks by superintendent and/or foreman Current Workload Our current workload consists of the demolition of the old tower and building for Pitkin County at Sunlight Mountain. We are also constructing a new tower and shelter for Grand Junction on Grand Mesa. This work will take place late summer. We have the staff to build all three sites, including Pitkin County’s Jack Rabbit site within the same time period. We are currently performing a demolition of three guyed towers in Fort Worth Texas, a new tower build in Louisiana and numerous other smaller construction and maintenance projects throughout the southwest these projects are scheduled to be complete by the end of spring. Pitkin County’s new site builds will be prioritized in line with the expected schedule to have these sites completed within the allotted timeframe. We have dedicated our Superintendent, Joel Kogan to work on this project for Pitkin County. Joel is detail oriented and capable of building numerous sites in a short amount of time. For example, in 2012 we were awarded 13 sites throughout New Mexico consisting of new site build and site upgrades. All of the sites were managed by Joel Kogan and we had two dedicated crews to perform the work. The first crew performed all of the ground civil work and the second crew came in behind them to stack the towers and complete the projects. We completed all the sites in a short amount of time using this method. We are familiar with Colorado weather and are accustomed to the short construction season requiring we move in and out of each site without delay. For this reason, our pre-planning is essential and our Superintendents and our lead Project Manager, Cliff Barbieri, are highly experienced in planning. We are also accustomed to ensuring all of subcontractors are lined out and ready to mobilize and begin their work as planned. Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site 4. PROJECT EXPERIENCE Pitkin County –Williams, TOSV, and Loge Located in the Aspen, CO area, ATS was contracted to design/build three new sites: Williams, TOSV, and Loge. Our staff carefully considered the weather and materials lead-times when scheduling these projects in order to complete all of them within the allotted time frame. The Williams site consisted of designing, furnishing, and installing one 40’ self-support tower, one 60’ self- support tower with a top platform, one new Thermobond equipment shelter, a grounding system, ice bridge, 50kw generator (supplied by Thermobond), and the removal of the existing shelter and tower. The ice bridge on this site is unique because it runs from the shelter to both towers; but also because the 40’ tower is up a slight hill. The Thermobond shelter was furnished with a 50Kw generator and two five-ton Bard HVAC units. This site was slightly more difficult to excavate the foundations than Loge or TOSV due to the rocky soils. Our team worked diligently to ensure that this site stayed on time even through the challenging rock. The TOSV site consisted of drilling a 3’ diameter x 26’ deep pier for the foundation, installation of a 40’ monopole and installation of a ground halo using 2/0 copper wire. The challenge on this project was that in order to drill the pier for the foundation we had to use a larger drill rig; this particular drill rig measured wider than the width of the access road and the access road is located right behind the building. The only way we could pull this off was to make the access road wider. The onsite crew determined to make this work and moved some large boulders that were on the side of the access road using them to build up a temporary road so the truck could drive over it. Once the rig was in place the second challenge was to drill the pier within inches of the building. This effort required experienced rig operators and tower hand crewmen to ensure the safety of the building and personnel. Immediately after the drill rig demobilized, the ATS crew replaced the access road back to its original state. 60’ tower with platform 40’ tower New shelter New ice bridge leading to the 40’ tower Installing a ground lead on the new tower Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site The most challenging of these three sites was at the Loge Peak. This site required that we build a platform atop a bluff to install antennas on. The site is located about 1/4 mile atop a steep hill that prevented vehicle access and the Pitkin team originally presumed this site would be helicopter access. Our team developed a trolley system to tram the materials from the base of the hill to the top in order to prevent having the added cost to hire a helicopter and pilot. We used the trolley to haul up concrete, water, concrete mixer, forms, steel for the platform, and grounding materials. The guys mixed the concrete on the hill and then used 5 gallon buckets to dump the concrete into place. The original contract for all three sites was valued at $938,036.00; however, there were several additions to the contract resulting in change orders which were driven by the customer. The first change order was to redesign the Williams site from the installation of one 80’ tower to build one 40’ and one 60’ tower; this change resulted in an increase of materials and services including tower steel, concrete for the foundation, crane usage, architectural design and grounding. The cost increase for this change was $23,864.00. Another change requested by the County was to decrease the generator size from a 70 Kw to a 50Kw and add interior modifications to the existing shelter; this change increased the contract value by $4,757.00. Another change requested by the county was to change the foundation type and size at the TOSV site resulting in a contract increase of $30,623.00. Terry Tipton was responsible for designing and erecting the temporary trolley system, Joel Kogan was responsible for the site construction and Cliff Barbieri was responsible for the initial site visit and oversight of the project schedule and resources. Cliff and Terry were both onsite to install the trolley system and ensure its safety before use. This project was completed in May 2017. For a reference for this project, please contact: Drew Peterson Communications Project Engineer 485 Rio Grande Place Aspen, CO 81611 970-319-1426 drew.peterson@pitkincounty.com Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site Bureau of Land Management – Five Site Upgrades throughout California ATS was awarded the upgrade of five sites in Northern California over the summer in 2017. All five sites were located atop various mountain peaks: Payne Peak, Cahto Peak, Cooskie Peak, Forty-Nine Mountain, and Walker Ridge. The most extreme was the Cahto Peak site. For this site we furnished and installed two large shelters, one for their generator and one for their communications room. The communication shelter was engineered to have a 4 hour fire rated wall resulting in a shelter weighing 80,000 lb. The access road to the site, like many access roads to mountaintop sites, was less than ideal to haul an 80,000 lb. shelter to the top. We determined the only way to get the shelter to the top safely was to make some minor upgrades to the road by repairing the road base in areas that were too narrow for safe passage. After the road repairs were completed, we loaded the 80,000 lb shelter onto a crawler and the operator walked behind the crawler up the mountain until the shelter was in the compound where we were able to offload it from the crawler and set it into place. All of the sites required upgraded grounding to R56 standards and all required upgrades to the existing shelters including installation of solar panels, relocation of existing solar panels, furnishing and installing a new 40’ tower at Walker Ridge, and making minor changes to the existing towers (installing anti-climb panels, moving an ice bridge, and other minor changes) We worked closely with our subcontractors to ensure that our projects were completed on time and on budget. Subcontractors included Electrical to bring power to Cahto, crawler to take the shelter up Cahto Peak, the rest of the project was performed by our crew and Joel Kogan was the onsite superintendent for all five sites. Terry Tipton was the senior superintendent responsible for getting the road up Cahto fixed and both shelters up to the site and offloaded and set. This project was performed during the summer of 2017 and was estimated at $1,140,279.00. There was zero contractor driven change orders on this project. We did have change orders after the initial awards that were driven by the BLM project manager, Tom Meagher. For a reference for this project, please contact: John Kelley -Contracting Officer (OC664) DOI/BLM-National Operations Center Denver Federal Center, Bldg 50 P.O. Box 25047 Denver, CO 80225 Office 303-236-2626 Fax 303-236-3508 jakelley@blm.gov Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site State of Colorado – Walton Mountain Project Proposed and built as a design/build agreement to the State of Colorado Advanced Tower Services, Inc was selected to provide a solution to the State of Colorado for a massive new concrete communications shelter and the demolition of the existing cinder block shelter. The new shelter was to be constructed and installed on the top of Walton Mountain in Steamboat Springs, Colorado to replace the existing shelter. The main challenges on this project were the shelter specifications, the limited space on top of the mountain, designing a product pleasing to the Forest Service, keeping the construction within the State’s budget, and road access to the site. The existing shelter to be demolished had to be broken down carefully to keep the debris and dust to a minimum. ATS crews came up with a resolution to wrap the shelter in TyVek before knocking it down. This prevented excessive dust and debris to go flying across the jobsite. The access road to this site was difficult to navigate having several sharp switchbacks and the ATS construction team, and Cliff Barbieri creatively determined a plan to transport the heavy steel, concrete for the foundation, and the building itself up the mountain while making certain the surrounding landscape is not disturbed. This effort required a patient and detail oriented crew to manage such an effort. Once the new shelter was constructed, the radios and communication equipment were carefully transferred to not interrupt service and the old site located adjacent to the new site was demolished and the landscape restored. This project was completed in July of 2015; the entire effort is valued at $708,737.00. The original Project manager for the site was Randy Mitchell who has since retired; however, Robert Wilson or Bill Voges would be able to answer any questions Pitkin County has about this project. For a reference for this project, please contact: Robert Wilson or Bill Voges Colorado - Governor's Office of Information Technology (303) 764-7977 bill.voges@state.co.us Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site 5. PROJECT TEAM For this project the team will consist of the following: prime constructor/contractor, Cliff Barbieri, Terry Tipton, and Joel Kogan of Advanced Tower Services, Inc., the tower designer and manufacturer, Sabre Towers and Poles, and the equipment shelter designer, Thermobond. We will engage local subcontractors for concrete, materials testing, and crane services. A complete listing of all lower tier subcontractors will be provided upon request. Composition and Management Structure The ATS Management Team working directly on this project will include our most knowledgeable and experienced leaders. The overseeing senior project manager will be Cliff Barbieri, owner and president of both Advanced Tower Services, Inc. and its sister company Advanced Communications and Electronics, Inc. The Senior Superintendent will be Terry Tipton of ATS, and the onsite Superintendent will by Joel Kogan of ATS. Cliff Barbieri – President/Lead Project Manager Cliff Barbieri will be the lead project manager and will be responsible for driving the project forward by using his support staff to schedule each task, engage subcontractors, locate and hire local suppliers. Cliff has worked in the radio communications industry for 42 years. He began his career as an Avionics Tech for the U.S. Air Force in 1972 and continued his tour of duty through 1977. After leaving the Air Force, Cliff went to work for Motorola as a two- way communications technician and was soon promoted to Group Leader. By 1986, Cliff was offered the position of Branch Manager for three Motorola two -way communications sales and service locations. In 1994 Cliff opened his own Communications Company and has spent the last 25 years developing and expanding his company to what it is today. Today, Cliff’s daily work consists of project technical planning, strategic planning and general strategic oversight for both of his companies, ACE and ATS. Cliff was intimately involved with all of the projects listed in our past performance. As the company owner and president, Cliff works as the lead project manager on all of our projects. He is well-versed in time management and knows how to dedicate the appropriate time to each project and he excels in prioritizing which projects get more of his time than others. For this particular project, the level of detail and the magnitude of this effort will require Cliff to devote most of his time to conducting spot visits, crew support, and holding weekly progress meetings with his support staff. Terry Tipton – Construction Superintendent Terry Tipton will drive the field efforts according to each scheduled task. And will be responsible for keeping the office staff updated as each stage of the project is completed and the next planned activity. Terry has extensive experience working on numerous high profile projects similar to this solicitation. Terry’s expertise and skill sets are essential to keeping projects on time and on budget. Terry has been our Superintendent since 1994 first as an employee of ACE and was transferred to ATS once ATS became an entity. Terry’s experience includes coordinating field efforts, subcontractors, vendors, deliveries and he maintains a high level of professionalism both on and off the job site. Terry is directly in charge of the field crew and works as a liaison between the field and the office operations. A portion of his duties include keeping his projects on time and on budget. Terry’s main areas of expertise are shelter and tower foundation construction, tower erection and Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site demolition, operating heavy equipment including our company owned rough terrain crane, backhoe, excavator, and skytrack while managing projects in the field. Terry holds the proper licensing and is experienced in hauling materials and heavy equipment to each jobsite in the best and roughest access road conditions. Terry is instrumental in keeping projects on time and on budget. Cliff and Terry work together to determine an exact schedule that ensures every project gets the appropriate staff for the job. For this project, Terry’s duties will include determining methods to creatively get co ncrete and materials to the site. Terry has worked on several projects where the sites were not road accessible and he has determined safe alternatives to ensure the projects are completed as the customer wants and the onsite superintendent implements the project exactly as planned. For this project, Terry will be instrumental in site access planning. Joel Kogan - Onsite Superintendent Joel has 20 years’ experience working in the tower construction industry. Joel’s expertise lies in all facets of tower and shelter construction and site demolition. Joel will be in the field working directly with the crews and managing the onsite tasks. Joel is proficient and excels in pushing the schedule to ensure that projects are completed on time and on budget while providing an atmosphere of safety. Joel’s experience includes heavy equipment operation, installation of tower and shelter foundations, grounding to Motorola R56 standards, tower erections, tower modifications, and antenna and line installation. For this project, Joel will execute the plans in the field and drive the schedule to ensure we complete the sites on time and on budget. 6. APPROACH TO PLAN a. Description of the Work Program Upon award of a site construction contract, the ATS project team schedules a detailed design review with Pitkin County. At this time, we present the high level design overview, including the design for the tower, foundation, site plan, ice bridge design, existing tower demolition, shelter demolition, time line review, and any other areas pertinent to the project. Once this initial task is completed and accepted by the County representatives, ATS places orders for all of the necessary equipment and hardware required to complete this project. Once the equipment has been ordered and ship dates have been confirmed, updates are made to the project timeline using Microsoft Project for approval by the customer. This time line details all phases of the project, including site prep, foundations and site civil, shelter transport, demolition, and site cleanup. We will prepare a final inspection and acceptance report to the County at the acceptance of the project by Pitkin County. ATS has used the aforementioned approach on several projects, including several for Pitkin County and the State of Colorado. b. Outline of Proposed Work Plan  Contract received and executed o Provide payment and performance bonds to client o Submittals o Place orders with suppliers for long lead time items Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site o Place orders with suppliers and subcontractors for short lead time items o Update MS Project timeline with proposed project time line o Perform site visit to develop construction plan  Invites sent to client, client’s engineer, electrical provider, concrete provider, crane provider, ATS field superintendents, etc  Verify site layout and place temporary construction stakes  Coordinate utility locates  Coordinate power feed for new shelter  New Construction o Mobilize heavy equipment and civil crews for site prep, foundations, etc o Site prep and layout o Foundations o Rough in grounding o Rough in electrical and propane o Backfill and compaction o Transport tower steel to site o Assemble tower sections o Erect tower  Install tower appurtenances o Transport shelter to site o Offload and transport shelters to site  Assemble shelters  Install shelter appurtenances o Construct ice bridge o Complete grounding system, including final connections, three point ground test, backfill and compaction o Make final electrical connections o Complete propane connections o Coordinate generator test with factory representative  Demolition o Remove antennas and lines o Demolish towers o Demolish Shelter o Demo foundations below grade and backfill with clean fill o Stack materials identified by customer for reuse, dispose of materials. o Cleanup and demobilize  Closeouts o Closeout documents, reports and photos will be provided to the client within 2 weeks of final site completion. Narrative Jack Rabbit Communication Site Prior to the mobilization of our heavy equipment and civil crew, we plan on conducting a site walk with all of the project stakeholders, including the client, local electrical provider, surveyor, plumber for the propane sub, concrete supplier, crane provider and our field superintendents. During this site visit we will gather the current site data required for the site plan, sur vey the site, place temporary construction stakes and confirm any remaining assumptions regarding the existing towers, shelters, etc. Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site Once the site plan has been approved and the Blue Stake utilities have been marked, our civil crew will begin construction of the foundations for the tower, shelter and propane tank. Concurrent with the foundations, we will also rough in the grounding system, including placement of the chemical ground rods. If possible, we will also rough in the conduit for the power feed to the new shelter. Once the foundations have cured, we will bring the tower steel to the site and begin assembly of the tower sections. Our crew will erect the tower using a derrick truck and install appurtenances such as climbing ladder, waveguide ladders, safety climb, etc. The shelter will be set on its new foundation by a crane. Once this is done, we will have a crew of two perform a complete QA/QC inspection of the tower, assuring 100% of the bolts are tightened, etc. We will construct the ice bridge from the new shelter to the tower. Our electrician will make the power connections from the new shelter as determined by the local electrical utility. Our plumber will make the necessary connections to feed the new generator to the relocated propane tank. Once the electrical and propane connections are in place, we will have the factory representative coordinate the initial generator startup and testing. The County will be responsible for the propane. The tower, shelter, propane tanks, etc will all be grounded per R56 standards. A three point fall of potential ground test will be performed to document the grounding system resistance. Once the RF equipment has been installed on the new tower, our crew will take down the old antennas, lines and towers. (If awarded) We will also demolish and dispose of the existing CMU shelter. We will stack the components as directed by the customer that they want to retain and will dispose of all materials they do not want to keep. c. Recommended Revisions We have no recommended revisions to the list of tasks d. Description of how County may Utilize Resources We offer a best value proposal to Pitkin County and we will strive to keep costs down. In the past we have constructed several towers for the State of Colorado that were subject to the 80% Colorado workforce requirements. We do plan on using as much Colorado workforce as possible, including our subcontractors, suppliers and temporary workers for general labor. However we always place worker safety at the top of our priority list. And due to the inherent risk of tower construction and tower demolition, we only utilize our seasoned, trained and experienced tower climbers for tower construction and aerial work. We do not employ seasonal or temporary workers for this type of work. Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site 7. PROJECT SCHEDULE The entire project for this site is expected to take 120 days After award and NTP, ATS will immediately engage our suppliers and send product submittals to the County Representatives for approval. We will want to request an immediate approval on the long lead time items to ensure we receive the materials before the window for construction in CO closes. Long lead time items will be the shelter, generator, and tower. Once the NTP is issued ATS will engage all subcontractors to ensure they save room on their schedules to assist with this project. Subcontractors who will be engaged are Electrical, Crane, Derrick, Truck, Concrete Supplier and Materials tester. Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site 8. COSTS Pitkin County - Jack Rabbit Mobilization $4,800 Tower Steel $14,000 Tower foundation $16,500 Tower erection $14,000 Shelter $150,950 Shelter foundation $22,000 Shelter transport, offload and set $21,000 Ice bridge $4,500 Electrical $20,500 Propane tank / plumbing with 400 gallons of fuel $9,200 Grounding $12,500 Demolition $6,100 PM/GC $13,000 Bonds $11,250 Subtotal $320,300 Bid option One - add second tower & Ice bridge $34,000 Bid option Two - Install antennas and lines $6,800 Grand total $361,100 Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site 9. PROFESSIONAL REFERENCES Below are references for key personnel who were involved with our most recent new site builds; all of which are closely aligned with the scopes of work for Pitkin County. State of NM - Department of Information Technology Jason Montoya Broadband & Radio Services 4491 Cerrillos Road Santa Fe, NM 58507 Phone: 505-490-3329 Jason.Montoya@state.nm.us Services provided: new site builds and site upgrades throughout NM, fence installations, propane tank installations, tower installations, shelter installations and upgrades, maintenance on towers including damaged ice shroud replacements, and upgraded lines and antenna installations. Lea County, NM Angela R. Martinez LCCA, Director/NMECPSC, Chair 100 N Main Street Suite 11 Lovington, NM 88260 Phone: 575- 397-9265 amartinez@leacounty.net Services provided: new site build including new tower installation, shelter installation, fencing installation, propane tank installation, existing tower demolition, and antenna and line installations Dona Ana County, NM Larry K Bleimeyer Sr. COM-L, ESR-71 Communication Systems Supervisor 845 N. Motel Blvd, Las Cruces, NM, 88007 Phone: 575-525-5912 larrybl@donaanacounty.org Services provided: new site builds and site upgrades in Dona Ana County, NM, Maintenance on existing towers and tower sites including troubleshooting, re-pathing dishes, and waveguide repair. State of Colorado – Telecommunications Bill Voges PS Engineer 601 E 18th, Suite 100B Denver, CO 80203 Phone: 303-764-7977 Randy.Mitchell@State.Co.Us Services Provided: new site builds and site upgrades throughout Colorado including tower installations, new shelter builds, tower and building demolitions, and line and antenna installations, electrical power hook ups, fencing/retaining walls installed, site grounding, propane tank installed. 10. INSURANCE Please refer to Exhibit A for a current copy of our insurance limits. As our company, Advanced Tower Services, Inc. is a construction contractor and not an engineering or design firm, the professional liability insurance coverage will be provided by the firms we partner with. Insurance certificates for each will be provided upon request. 11. CONSTRUCTION CONTRACT We have no significant issues with the terms and conditions of the construction contract. Proposal from Advanced Tower Services, Inc Contract# 038.2019 Jack Rabbit Communications Site In the past we have constructed several towers for the State of Colorado that were subject to the 80% Colorado workforce requirements. We do plan on using as much Colorado workforce as possible, including our subcontractors, suppliers and temporary workers for general labor. However we always place worker safety at the top of our priority list. And due to inherent risk of tower construction and tower demolition, we only utilize our seasoned, trained and experienced tower climbers for tower construction and aerial work. We do not employ seasonal or temporary workers for this type of work. 12. CONFORMANCE WITH SPECIFICATION Please refer to Attachment A Section Meet Requirements Exclude Item(s) Take Exception Exclusions/Exception Description 1.0 Project Description X 1.3: Site Location X 1.4: Design Criteria X 2.0 Warranty Conditions X 2.1 Two Year Warranty X 2.2 Correction of Deficiencies X 2.3 Current Design Equipment X 2.4 Qualification of Personnel X 3.0 Specifications X 3.1 Design Standards X 3.2 Site Design and Construction X 3.3 Tower Structural Requirements- General X 3.3.3 American Steel Requirements X 3.3.4 Mill Certificate Submittal X 3.3.6 Dulled Finish Requirements X 3.3.28 Quality Control X 3.4 Tower Foundations – General X 3.4.2 Presumptive Foundation Designs X 3.4.9 Concrete Properties X 3.4.10 Concrete Testing Requirements X Conformance with General Specification For each Specification section listed below, please identify whether or not the Bidder intends to fully meet the requirements, excludes some or all of the requirements from the bid, or takes exception to some or all of the requirements by placing an (X) in the appropriate column. For any exclusions or exceptions, include a statement describing which requirements are affected and why the Bidder cannot meet the requirement. Making a notation in the following table will demonstrate that the Bidder has read and understands the referenced Attachment A- General Specifications section. 3.5 Cable Bridge X 3.6 Grounding System X 3.7 Shelter X 3.8 Antenna Installations X 3.9 Site Power X 3.10 Old Shelter and Tower Removal X 4.0 Submittal Requirements X ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD BMOYA 02/27/2019 ADVATOW-02 B 4034361137 A 4034361106 C WC1166869 A 4034361171 A 4034361171 1,000,000 1,000,000 1,000,000 10,000 5,000,000 5,000,000 2,000,000 1,000,000 2,000,000 15,000 100,000 1,000,000 EMPLOYEE BENEFI 2,000,000 1,000,000 X X X X X X X X X X License # 0757776 01/01/2019 01/01/2020 01/01/2019 01/01/2020 01/01/2019 01/01/2020 06/15/2018 06/15/2019 01/01/2019 01/01/2020 RE: Hadley Tower. “City of Las Cruces is listed as additional insured” Automobile Designated Insured endorsement has been ordered from the carrier. HUB International Insurance Services (NMX) 7770 Jefferson Street NE, Suite 101 Albuquerque, NM 87109 (866) 487-3972(505) 828-4000 City of Las Cruces PO Box 20000 Las Cruces, NM 88004 Advanced Tower Services, Inc. 2417 Baylor Drive SE Albuquerque, NM 87106 American Casualty Co of Reading PA Continental Casualty Company Zurich American of Illinois 20427 20443 27855 X X Y X X X BI/PD Ded $5,000X 1,000 Ded 300,000Installation Floater ID Task Name Duration Start Finish 1 Contract awarded 1 day Tue 5/14/19 Tue 5/14/19 2 Submittals 15 days Fri 5/17/19 Thu 6/6/19 3 NTP 0 days Thu 6/6/19 Thu 6/6/19 4 Material acquisition 35 days Fri 6/7/19 Thu 7/25/19 5 Sabre tower and monopole 7 wks Fri 6/7/19 Thu 7/25/19 6 Sabre tower - anchor steel 3 wks Fri 6/7/19 Thu 6/27/19 7 Thermobond shelter 7 wks Fri 6/7/19 Thu 7/25/19 8 Jack Rabbit 49 days Mon 7/1/19 Thu 9/5/19 9 Site Visit/Precon 1 day Mon 7/1/19 Mon 7/1/19 10 Tower foundations 12 days Mon 7/1/19 Tue 7/16/19 11 Excavations 2 days Mon 7/1/19 Tue 7/2/19 12 Compaction 1 day Wed 7/3/19 Wed 7/3/19 13 Rebar and anchor steel placement 2 days Thu 7/4/19 Fri 7/5/19 14 Forms 1 day Mon 7/8/19 Mon 7/8/19 15 Place concrete 1 day Tue 7/9/19 Tue 7/9/19 16 Cure time 5 days Wed 7/10/19 Tue 7/16/19 17 Strip forms 1 day Mon 7/15/19 Mon 7/15/19 18 Backfill and compact 1 day Tue 7/16/19 Tue 7/16/19 19 Shelter foundations 1 day Tue 7/9/19 Tue 7/9/19 20 Site grounding 9 days Mon 7/8/19 Thu 7/18/19 21 Trenching 3 days Mon 7/8/19 Wed 7/10/19 22 Place ground conductors,chemical ground rods, and cadweld3 days Thu 7/11/19 Mon 7/15/19 23 Backfill trenches 2 days Wed 7/17/19 Thu 7/18/19 24 Shelter 2 days Fri 7/26/19 Mon 7/29/19 25 Offload and transport Shelter to site 0.5 days Fri 7/26/19 Fri 7/26/19 26 Set and Place Shelter 0.5 days Fri 7/26/19 Fri 7/26/19 27 Grounding 1 day Mon 7/29/19 Mon 7/29/19 28 Tower 7 days Tue 7/30/19 Wed 8/7/19 29 Offload tower and transport to site 1 day Tue 7/30/19 Tue 7/30/19 30 Assemble tower sections 2 days Wed 7/31/19 Thu 8/1/19 31 Erect tower 2 days Fri 8/2/19 Mon 8/5/19 32 Install tower appurtenances including mounts, safety climb, waveguide ladder, etc.2 days Tue 8/6/19 Wed 8/7/19 33 Install ice bridge 1 day Wed 8/7/19 Wed 8/7/19 34 Testing 1 day Thu 8/8/19 Thu 8/8/19 35 Ground resistance 1 day Thu 8/8/19 Thu 8/8/19 36 Demo 9 days Mon 8/26/19 Thu 9/5/19 37 remove old dishes, waveguides, antennas and lines.3 days Mon 8/26/19 Wed 8/28/19 38 remove old tower and stack on site for disposal by others2 days Thu 8/29/19 Fri 8/30/19 39 demo old tower foundations and backfill 2 days Mon 9/2/19 Tue 9/3/19 40 Final site cleanup 2 days Wed 9/4/19 Thu 9/5/19 41 Demobilize 0 days Thu 9/5/19 Thu 9/5/19 6/6 T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T '19 May 19, '19 May 26, '19 Jun 2, '19 Jun 9, '19 Jun 16, '19 Jun 23, '19 Jun 30, '19 Jul 7, '19 Jul 14, '19 Jul 21, '19 Jul 28, '19 Aug 4, '19 Aug 11, '19 Aug 18, '19 Aug 25, '19 Sep 1, '19 Task Split Progress Milestone Summary Project Summary External Tasks External Milestone Deadline Page 1 Project: North Tower project Date: Fri 3/8/19 1 Thermo Bond Buildings, Inc.•PO Box 445•209 N. Court•Elk Point, SD 57025•800-356-2686 Proposal February 18, 2019 Pitkin County Colorado Project 1901-34 Jack Rabbit Site 13’-6 x 28’-0 x 9’-0 ID, shelter only 30,000 Pounds estimated weight HVAC will be shipped loose and require field mounting by site contractor Some Finish and trim required to complete site assembly of shelter ENGINEERING DETAILS/ SPECIFICATIONS 1. SIZE The shelter shall have nominal internal dimensions of 13’-6 wide O.D. x 28’-0 long O.D. x 9’ high I.D.; Delivered with a seal from the State of Colorado Division of Housing showing full compliance. 2. DESIGN The minimum R-Values of R-20 in the floor, R-20 walls, and roof shall be R-35. State of Colorado Certification Approved with Stamped engineered drawings. Construction type VB; Occupancy Groups S-2; Stories 1; Seismic Design Category IV; Wind exposure Category C: Wind based on 115 Vult ; Topographic factor of Kzt is 2.96; snow load is 90PSF 3. FLOOR LOADING The minimum floor loading shall be 200 pounds per square foot for typical 12’ wide shelter. Additional steel floor structure added for coverage. Contractor responsible for temporary steel to move batteries into shelter across floor areas that is not covered under concentration. Generator room floor will be covered with a ¼ plate steel, sealed seems and coated with an anti-slip paint compound. 4. ROOF LOADING The minimum roof loading shall be 90 pounds per square foot for typical 12’ wide shelter. 5. ROOF IMPACT RESISTANCE The minimum roof impact resistance shall be 220 pounds with no visible damage to either the exterior or interior of the roof or shelter. 6. WALL WIND LOAD The minimum wall wind load shall be 115 Vult. 7. AIR INFILTRATION 2 Thermo Bond Buildings, Inc.•PO Box 445•209 N. Court•Elk Point, SD 57025•800-356-2686 There shall be no air infiltration of the shelter when measured before installation of any through the wall, floor, or roof items when exposed to winds of 50 mph. CONSTRUCTION DETAILS 1. SKID ASSEMBLY The skid assembly for the shelter shall have 6” x 9 pound beams around the perimeter, 5 total full length beams to form the skid, and 3½” O.D. pipes running through the beams and welded into place. 2” x 2” x ¼” angles shall be placed between the beams every 4’ O.C. The complete skid assembly shall be painted with a rust preventative paint after fabrication and secured to the finished sub-floor with high strength 3” lag bolts. Additional cross members added to support the generator and batteries. 2. FLOOR ASSEMBLY The floor system shall be comprised of 1 layer of ¾” CDX plywood (exterior side) and 1 layer of ¾” tongue and groove plywood (interior side) with R-16 insulation. The floor is constructed of 2”x4” lumber @12”oc spacing. Before the floor assembly is attached to the skid assembly and the installation of the rodent shield mesh, the underside of the floor assembly shall be treated with an application of a coat of penetrating liquid bituminous sealer. Generator room floor will be covered with a ¼ plate steel, sealed seems and coated with an anti-slip paint compound. 3. RODENT SHIELD The complete underside of the floor assembly shall be covered with a 16-mesh .011 wire mesh rodent shield before the floor assembly is attached to the skid assembly. 4. INTERIOR FLOOR FINISH The interior surface of the shelter floor shall be covered with a commercial gr ade vinyl tile. The covering shall be held in place with commercial grade glue. 5. ROOF SYSTEM The roof system shall be comprised of 1 layer of ¾” CDX plywood (exterior side) and 1 layer of 5/8” OSB with laminated glass board (interior side) with R-35insulation. The roof construction shall be 2"x 6" 12" O.C. spacing to meet the load requirements. 6. EXTERIOR ROOF FINISH The exterior of the roof shall be covered with a commercial grade steel standing seam roof – color choice within the manufactured color standards. A galvanized metal roof edge shall cover the perimeter of the roof. The roof shall be sloped from the center to the sides to provide proper drainage. 7. INTERIOR WALL AND CEILING CONSTRUCTION The interior walls and ceiling shall be a minimum of 5/8” OSB (oriented strand board) with .030 fiberglass reinforced plastic laminated to the interior side. Generator room will be finished to a 1 Hour fire rating on the walls and ceiling with OSB interior finish 8. EXTERIOR WALL CONSTRUCTION- The exterior walls of the shelter shall be of natural stone aggregate with a general color of (choice). The stone exterior will be placed over the steel. System is not fire rated 9. WALL, ROOF, FLOOR INTERIOR CORES 3 Thermo Bond Buildings, Inc.•PO Box 445•209 N. Court•Elk Point, SD 57025•800-356-2686 The interior core of the walls shall be filled batt insulation, the floor and ceiling shall be filled batt insulation. 10. SEAMS At all points on the exterior of the shelter where two pieces of material come together, butt against each other, overlap each other, or are fastened one to t he other, the seam shall be sealed with an industrial grade poly-urethane sealer during and after final assembly to insure water tight joints. A one-piece aggregate angle shall be installed over each corner joint. 11. DOOR ASSEMBLY The size of doors is noted below. The door shall be a commercial grade insulated steel door manufactured from a minimum of 20-gage steel. The doorframe shall be a commercial grade heavy-duty steel doorframe manufactured from a minimum of 16-gage steel. The door and frame shall be painted with high quality exterior grade paint, suitable for use on metal. The door hinges shall be heavy-duty stainless steel ball bearing hinges with non-removable pins capable of supporting the door over an extended time of frequent use. The door shall be equipped with a heavy-duty commercial grade deadbolt lock and pushbutton lock. 12. ELECTRICAL All electrical wiring shall be in conduit and raceways. All conduit, raceways, fittings, and hardware shall be galvanized steel or rustproof metal. Conduit shall have reamed ends secured to boxes or raceways with compression type connectors. Bends shall be made so that conduit will not be injured or the internal diameter of the conduit reduced. Conduit kinked, crushed, or damaged will be rejected. All conduits shall be anchored in place at least every four feet. All conduit shall be exposed and attached to the inside surface of the shelter. All wire is copper. All wire runs shall be continuous. The proposed shelter shall be equipped with the following electrical items: (typical list) DOORS:  QTY / Size: (1) 3’-0” x 7’-0” – RHR Swing. Equipment Room.  QTY/Size Generator (1) 4’-0” x 7’- 0 – LHR Swing. Generator Room  Door Type: 18 gauge. Insulated Door,  Frame Type: 16 gauge. painted galvanized metal frame  Lockset: Kaba Total Access lock system with Push buttons lock and lever, model 5021 XKWL-26D-41  Hydraulic Closer: Sargent #1104.  Hinges: NRP - SS hinges  Weather Strip: Magnetic Weather Stripping  Threshold: Saddle type threshold, mill finish aluminum  Door Sweep: Neoprene style, mill finish aluminum  Anti-Pick Plate: Latch Guard / or equal.  Drip Cap: Aluminum drip cap full width of door. . 4 Thermo Bond Buildings, Inc.•PO Box 445•209 N. Court•Elk Point, SD 57025•800-356-2686 ELECTRICAL:  Service: 120/240V 200A 1PH  Main Breaker Panel: (1) 200A Main Distribution Panel  Surge Suppressor Disc: (1) 60A, 1PH, Enclosure with breaker, Square D – QO2100BNS and QO260  Surge Suppression: (1 each) (Type I and Type II ), Transtector TVSS- w/60 amp disconnect  Receptacles: (4) 120V20A Dual specification grade receptacles rack mounted. (1) Duplex -20 amp for generator charger  GFI Receptacles: (1) Exterior GFI specification grade receptacle on own circuit.  Telco: (4) simplex receptacles for telco.  Tower light circuits: (1) 30A circuits provided for Tower lights.  Automatic Transfer Switch: (1) Cummins 225 Amp transfer switch OTEC 225  Meter Base Excluded Note: all electrical conduits to be galvanized EMT and fittings to be compression type. No set screw type permitted. Horizontal runs of EMT to be installed 7’-6” aff whenever possible. All flex conduit to be seal tight type. Wire-way, conduit and/or drop box will be properly de-rated for compliance with current adopted edition of NEC code. LIGHTING:  Interior: (8) 4 ft., 2 bulbs, 32W, fluorescent with wrap around lens, Day-Brite OWN232-UNV-1/2EB.  Exterior: (1) 150W exterior light, controlled by switch and motion detector.  Wall Switch: (2) 20A Single pole switch, Leviton CS120-2I  Conduit/Sleeve: (1) ½” Sleeve at exterior light for security camera.  Finish and trim Required at site to complete the assembly and add items that were removed for shipping BATTERY BACK UP:  Not included as part of this proposal/scope. GENERATOR SYSTEM:  40Kw Propane (1) Cummins 120/240 Single phase Interior mounted generator Includes intake and exhaust system, controls interlock, mounting, fuel piping, ductwork extensions, exterior louvers and hoods, fuel piping from the gen set to the exterior wall for field connection.  Hoods Intake and exhaust hoods, field install required.  Start up - Field start and test of system, no load bank  Controls Microprocessor controls for automatic start, system monitoring and protection. Capable of PC based updating of parameters and alarms via e-mail and text messaging. 5 Thermo Bond Buildings, Inc.•PO Box 445•209 N. Court•Elk Point, SD 57025•800-356-2686 AIR CONDITIONING/HEATING:  Quantity: (2)- Bard 4 ton with Economizers  Description: 48,000 BTU units with integrated 5kW heat strips, time delay anti-short cycle timer, high and low pressure switch, low ambient control, and a one year parts and labor guarantee.  Temp. Control: (1) Lead Lag, Bard MC4001  Field assembly Required to mount HVAC, connect power and controls VENTILATION:  Exhaust: (1) 12” Shutter mounted exhaust fan, (1) 12” Rain hood with insect screen and expanded metal dust filter. Powder coated to match shelter.  Intake: (1) 12” gravity air intake damper, (1) 12” Rain hood with insect screen and expanded metal dust filter. Powder coated to match shelter.  Temp. Control: (1) Line voltage thermostat, Dayton 1UHH2 ALARM SYSTEM:  Terminal Block: (1) Dry terminal, 66 block with cover.  Intrusion: (2) Door alarm.  Temperature: (1) High.  Temperature: (1) Low.  Smoke: (1) Photoelectric smoke detector.  Carbon Monoxide: (1) Carbon monoxide detector  Heat detector (2) – Heat detector Kidde  Other AC Power fail, generator alarms and HVAC contacts  Note: Each alarm function shall result in the open of a normally closed dry contact. CABLE ENTRY:  Cable Entry Port: (1) Microflect entry port. 3 x 6  Wall Ports (2) 2” Diameter PVC Telco Ports  Electrical (1) 2.5” sleeved opening CABLE LADDER:  24” Wide: (+/-60) LF of 24” cable ladder, gold chromate Mount 8’-0” aff to the bottom of the cable ladder  6” Wide: (10) LF of 6” cable ladder, gold chromate 6 Thermo Bond Buildings, Inc.•PO Box 445•209 N. Court•Elk Point, SD 57025•800-356-2686 GROUNDING:  Halo System: No. 2 AWG Bare, stranded copper wire around inside perimeter of building/rooms as shown on supplied plans with each end lugged to master ground bar, Single point system  Bonding: No. 6 green insulated stranded copper wire from metallic items such as electrical boxes, and equipment to perimeter ground buss. No. 2 green insulated stranded copper wire for a communication equipment ground buss secured to Newton #2106C brackets mounted to the cable ladder  Ground Bars: (1) EPK24 ground kit & (6) 24” x 4” x 1/4” ground bars, interior with insulators, mounting brackets, and 15 ft of #2 tinned solid AWG wire coiled for connection to earth ring through 1” pvc cast in wall.  Door: Door grounded with welding cable  HVAC: HVAC should be grounded to internal halo only  Ground Rod: Exterior ground rod and copper straps provided by site contractor.  Note: All grounding to meet or exceed Motorola R56 specifications MISCELLANEOUS:  Telco Board: (1) 4’-0” x 8’-0” x ¾” plywood covered with FRP  First Aid Kit: (1) First aid kit, North 4EY92  Eye Wash: (1) Eye wash solution, wall mounted, North 1KW79  Binder Holder: (1) Wall pocket for storage of documentation  Stamped drawings (3) sets of PE stamped drawings  Fire Extinguishers (1) 10lb CO 2 fire extinguishers 13. FREIGHT Cost includes freight to Pitkin County for offloading Final delivery to the site by others unless site is accessible. 14. DRAWINGS Three (3) sets of shelter drawings for approval shall be provided before construction and three (3) sets of “as built” drawings shall be provided with the shelter. 15. MISCELLANEOUS Building foundation anchor bolts, hold-down clamps and foundation installation drawings shall be provided. 7 Thermo Bond Buildings, Inc.•PO Box 445•209 N. Court•Elk Point, SD 57025•800-356-2686 WARRANTY The following warranty applies to Thermo Bond Buildings, Inc. furnished products: 1. Purchased Electrical Items - purchased electrical items, including but not limited to heaters, air conditioners, main breaker and distribution panels, lights and thermostats carry the original manufacturer’s warranty. No other warranty is expressed or implied by Thermo Bond Buildings, Inc. 2. Door, Door Frames, Door Locks, Door Seals, Door Hinges and Other Related items carry the original manufacturer’s warranty. No other warranty is expressed or implied by Thermo Bond Buildings, Inc. 3. Excluding the above, Thermo Bond Buildings, Inc. warrants that the Thermo Bond building supplied under this Contract, Contract No. _________________, to be free from defects of design, material and workmanship or any combination of the former for a period of 1 year from the above referenced Contract Date. Failure of any part of the building structure, excluding acts of vandalism, God and sabotage, caused by forces stated in the Specifications for which the shelter was supplied or stated in the Proposal which caused the Owner of the building to purchase the building under the above referenced Contract, will be repaired or replaced by Thermo Bond Buildings, Inc. in such manner that the repair or replacement will be as originally supplied. The shelter must be used for the purpose the shelter was purchased and must be put in service in a reasonable amount of time after purchase. The option to repair or replace the failed item shall be the sole decision of Thermo Bond Buildings, Inc. 4. Any liability for consequential and/or incidental damages is expressly declaimed. Thermo Bond Buildings, Inc. liability in all events is limited to, and shall not exceed, the purchase price paid. 8 Thermo Bond Buildings, Inc.•PO Box 445•209 N. Court•Elk Point, SD 57025•800-356-2686 THERMO BOND BUILDINGS LLC TERMS AND CONDITIONS OF SALE 1. Any order placed or any purchase order issued by the BUYER shall constitute an acceptance of all the terms and conditions contained in this document except for such terms and conditions as both the BUYER and the SELLER agree to in writing. 2. All new customers are required to fill out the attached “Confidential Credit Application”. 3. Twenty five percent (25%) deposit required with purchase order/signed contract. Remaining balance due thirty (30) days from the date of invoice whether or not Buyer has taken delivery. All sums not paid when due shall be subject to a 1.5% per month interest charge on past due balances. Payment shall not be dependent upon payment from any other party unless previously negotiated. No retainage shall be deducted from payment unless previously negotiated. 4. Prices quoted are in effect for a period of ninety (90) days from the date of quotation. 5. BUYER shall pay all local, state and/or federal taxes and fees applicable to the purchase of SELLER’S equipment. Where applicable, said charges will be added to the invoice of the SELLER by separate line item. 6. BUYER shall pay all freight expenses pursuant to the invoice of the SELLER. Title and Risk of Loss shall pass to the BUYER upon shipment to the destination agreed to by the parties. If at the BUYER’S request, shipment is delayed beyond BUYER’S original shipment date, the BUYER will be invoiced for the completed unit once it is finished. BUYER must add the building to off-premises insurance coverage. 7. Changes shall be valid only if in writing signed by authorized representatives of BUYER and SELLER. Such changes must provide for any modification in the price or the time of delivery. M inor variations by SELLER in the details of design or construction of the equipment shall not give rise to any claim of defect or default. The SELLER reserves the right to make such minor changes in details or design and construction as shall in its judgment constitute an improvement over the original specification. 8. SELLER is not responsible for delay in delivery or other non-performance of this agreement due to force majeure, labor disputes or any other similar or dissimilar causes beyond the control of the SELLER. In the event of delay caused for reasons beyond the control of the SELLER, the time for the SELLER to perform shall be extended until such time as the disability has been removed. 9. This agreement shall be governed by the laws of the State of South Dakota. The Courts of South Dakota shall have exclusive jurisdiction over all controversies arising out of or in connection with this agreement. The parties consent to personal jurisdiction in South Dakota and agree that process may be served upon them by registered mail at the address stated at the head of this agreement or personally within or without South Dakota. If service is made in any manner other than personally within South Dakota the defendant shall be entitled to a period of twenty (20) additional days to answer over and above the time set by law. 10. The parties covenant and agree that if either acquires any right or rights to bring any action, suit or proceeding against the other as a result of any breach of this agreement, except for non-payment of the purchase price, the party acquiring such right or rights shall be conclusively deemed to have waived and relinquished the same unless such action, suit or proceeding is commenced within one year after such right or rights arose. 11. This agreement is not subject to cancellation or change unless requested by BUYER and accepted in writing by SELLER. In the event of any such cancellation, BUYER shall pay to SELLER, within thirty (30) days of such cancellation, the reasonable costs and expenses incurred by SELLER prior to receipt of the request for cancellation (including but not limited to engineering, manufacturing expenses and all commitments to its suppliers, subcontractors, and others), plus a reasonable percentage of the total of the foregoing for SELLER’S overhead and profit.